A Practical Guide to Legal Writing and Legal Method 6th edition by John Dernbach, Richard Singleton, Cathleen Wharton, Catherine Wasson, Joan Ruhtenberg ISBN 1454887923 9781454887928

Introduction

Part A – Introduction to Law

Chapter 1 – Rules and Policies

Legal Rules

Law and Policy

Exercise 1-A

Exercise 1-B

Chapter 2 – Sources of Law

The Hierarchy of Laws

The Hierarchy of Jurisdictions

The Hierarchy and Jurisdiction of Courts

Source Material for Researching the Law

Primary Authority

Secondary Authority

Exercise 2-A

Exercise 2-B

Chapter 3 – Case Analysis and Case Briefs

1. Read the opinion carefully.

2. Identify the holding.

3. Identify the issue.

4. Identify the rule.

5. Identify the facts.

6. Identify the disposition of the case.

7. Identify the reasons and policies.

8. Check for congruency.

9. In multiple-issue cases, analyze each issue separately.

Exercise 3-A

Exercise 3-B

Exercise 3-C

Chapter 4 – Precedent and Stare Decisis

Exercise 4-A

Exercise 4-B

Exercise 4-C

Exercise 4-D

Chapter 5 – Reading and Understanding Statutes

1. Read the statute carefully.

2. Identify the purpose of the statute.

3. Identify the scope of the statute.

4. Understand how terms are defined.

5. Identify the requirements of the statute.

6. Identify any exceptions.

Exercise 5-A

Exercise 5-B

Part B – Basic Concepts of Legal Method

Chapter 6 – Understanding Legal Rules

How Rules Are Constructed

Elements of a Rule

The Result and Its Relationship to the Elements

Exceptions in a Rule

Sub-Elements

Developing a Rule from Multiple Sources: Synthesis

Exercise 6-A

Exercise 6-B

Exercise 6-C

Exercise 6-D

Chapter 7 – Identifying and Selecting Issues for Analysis

1. Focus only on questions within the scope of the problem.

2. Identify all relevant questions.

3. Exclude “givens” from detailed discussion.

4. Separate issues and sub-issues.

Exercise 7-A

Exercise 7-B

Exercise 7-C

Chapter 8 – Common Law Analysis

1. Determine how the facts of the decided cases support your client’s position.

2. Determine how the facts of the decided cases support your opponent’s position.

3. Determine how the reasons and policies of the decided cases support your client’s position.

4. Determine how the reasons and policies of the decided cases support your opponent’s position.

5. Evaluate the strength of your client’s case.

Exercise 8-A

Exercise 8-B

Exercise 8-C

Chapter 9 – Statutory Analysis

1. Determine how the language of the statute, and the facts of any cases interpreting the statute, support your client’s position.

2. Determine how the language of the statute, and the facts of any cases interpreting the statute, support your opponent’s position.

3. Determine how the policies of the statute, and the policies of any cases interpreting the statute, support your client’s position.

4. Determine how the policies of the statute, and the policies of any cases interpreting the statute, support your opponent’s position.

5. Evaluate the strength of your client’s position.

Exercise 9-A

Exercise 9-B

Exercise 9-C

Exercise 9-D

Exercise 9-E

Chapter 10 – Reaching a Conclusion

1. A position is stronger to the extent that it involves little or no extension of existing law.

2. A position is stronger to the extent that it furthers the policies or purposes of the law.

3. When the law does not require a particular result, a position is stronger to the extent that it involves a fair or just outcome for the parties.

Exercise 10-A

Exercise 10-B

Exercise 10-C

Part C – Basic Concepts of Legal Writing

Chapter 11 – Organization

1. Address “givens” at the outset of your analysis.

2. Discuss each issue separately.

3. Discuss each sub-issue separately.

4. For each issue or sub-issue, describe the applicable law before applying it to the factual situation.

5. State the reasons supporting your conclusion on an issue or sub-issue before discussing counterarguments.

6. When there is more than one issue, discuss the issues in a logical order.

Exercise 11-A

Exercise 11-B

Exercise 11-C

Chapter 12 – Describing the Law

1. Be accurate.

2. Describe only the relevant law.

3. Describe the law in enough detail to enable your reader to understand the discussion.

4. Summarize the law whenever appropriate.

5. Synthesize the law whenever necessary.

Exercise 12-A

Exercise 12-B

Exercise 12-C

Exercise 12-D

Chapter 13 – Applying the Law

1. Be precise.

2. Show every step in your analysis.

3. Describe every reasonable basis for your conclusion.

4. Explain the context.

Exercise 13-A

Exercise 13-B

Exercise 13-C

Exercise 13-D

Chapter 14 – Signposting

1. Use thesis statements to set out your conclusion for each issue and sub-issue.

2. Use paragraphs to divide the discussion into manageable parts.

3. Use a topic sentence to define the purpose of a paragraph.

4. Use transitions to show the relationship between ideas.

Exercise 14-A

Exercise 14-B

Chapter 15 – Drafting the Analysis

Purpose

Process

Audience

1. For each issue, state your conclusion and set up your discussion of the issue in an introduction.

2. For each sub-issue, state your conclusion in terms of the rule and the relevant facts.

3. Describe the law relevant to your conclusion for each sub-issue.

4. Explain why the law supports your conclusion for each sub-issue.

5. Describe any reasonable counterargument for each sub-issue and state why it is unpersuasive.

6. Describe how the law supports the counterargument for each sub-issue.

7. Explain why the counterargument does not change your conclusion for each sub-issue.

8. Edit the discussion to include signposts.

Exercise 15-A

Exercise 15-B

Exercise 15-C

Exercise 15-D

Exercise 15-E

Chapter 16 – Revising and Editing

1. Be direct and precise.

2. Blend precision with simplicity.

3. Use verbs whenever possible to make your writing forceful.

4. Be concise.

5. Edit intrusive or misplaced words and phrases.

6. User correct grammar, punctuation, and spelling.

Exercise 16-A

Exercise 16-B

Part D – Office Memoranda and the Opinion Letter

Chapter 17 – Objective Writing

Principles of Objective Writing

1. Think like a judge.

2. State your conclusion on each issue or sub-issue objectively and candidly.

3. Describe the law objectively.

4. Explain the analysis objectively.

Special Considerations for Email Communication

1. Be professional.

2. Take your time.

3. Proofread before sending.

4. Honor the need for client confidentiality.

Exercise 17-A

Exercise 17-B

Exercise 17-C

Exercise 17-D

Chapter 18 – Elements of a Summary-of-the-Law Memorandum

Work Requested or Question Presented

Brief Answer

Summary of the Relevant Law

1. State the relevant legal rule or rules at the outset of your summary.

2. State the elements(s) or sub-issue(s) relevant to the question.

3. Explain the law relevant to each element or sub-issue.

4. Conclude by summarizing the key points of the law or explaining how the law answers the question.

Exercise 18-A

Exercise 18-B

Exercise 18-C

Chapter 19 – Elements of an Analytical Legal Memorandum

1. Heading

2. Questions Presented

3. Brief Answer(s) (optional)

4. Statement of Facts

5. Discussion

6. Conclusion

Chapter 20 – Statement of Facts

1. Identify the legally significant facts.

2. Identify key background facts.

3. Organize the facts intelligibly.

4. Describe the facts accurately and objectively.

Exercise 20-A

Exercise 20-B

Chapter 21 – Questions Presented

Questions Presented in a Summary-of-the-Law Memo

Questions Presented in an Analytical Memo

1. Be understandable.

2. Be objective.

Exercise 21-A

Exercise 21-B

Chapter 22 – Opinion Letters

1. Begin by addressing your client’s question or concern.

2. Summarize the facts upon which your opinion is based.

3. Explain the law and its application.

4. Be objective.

5. Adopt a style and tone appropriate for your reader.

Exercise 22-A

Exercise 22-B

Part E – Briefs and Oral Argument

Chapter 23 – Elements of a Brief

1. Caption or Title Page

2. Table of Contents

3. Table of Authorities Cited

4. Opinions Below

5. Jurisdiction

6. Constitutional Provisions, Statutes, Regulations, and Rules Involved

7. Standard of Review

8. Introduction

9. Questions Presented

10. Statement of Facts

11. Summary of Argument

12. Argument

13. Conclusion

14. Appendices

Chapter 24 – Structure of an Argument

1. Present your strongest issues, sub-issues, and arguments first.

2. When issues are of equal strength, present the most significant issues first.

3. Present your client’s position on each issue or sub-issue before answering counterarguments.

Exercise 24-A

Exercise 24-B

Chapter 25 – Point Headings

1. State your legal conclusions and the basic reasons for these conclusions.

2. Structure point headings to be both specific and readable.

3. Place headings at logical points in your brief.

Exercise 25-A

Exercise 25-B

Chapter 26 – Statement of Facts for a Brief

1. Describe the facts from your client’s point of view.

2. Vividly describe favorable emotional facts and neutralize your opponent’s emotional facts.

3. Organize your statement to emphasize favorable facts and de-emphasize unfavorable facts.

Exercise 26-A

Exercise 26-B

Exercise 26-C

Chapter 27 – Persuasive Writing

1. Be professional and honest.

2. Fully argue your client’s position.

3. Present arguments from your client’s point of view.

4. Craft sentences and choose words to persuade.

Exercise 27-A

Exercise 27-B

Chapter 28 – Briefs to a Trial Court

1. Focus more on the applicability of legal rules than on policy.

2. Emphasize that fairness requires a decision in your client’s favor.

3. Be brief.

4. Write for the court.

Exercise 28-A

Exercise 28-B

Exercise 28-C

Chapter 29 – Briefs to an Appellate Court

1. Focus on the claimed errors of the lower court.

2. Base your argument on the appropriate standard of review.

3. Emphasize that a decision in your client’s favor would further the policies underlying the law.

4. Explain how a decision in your client’s favor would foster harmony or consistency in the law.

Exercise 29-A

Exercise 29-B

Chapter 30 – Preparing and Presenting an Oral Argument

Preparing for Oral Argument

1. Know your case.

2. Know your audience.

3. Plan within the court’s time limit for oral argument.

4. Develop a theme when appropriate.

5. Select for presentation your strongest and most essential arguments.

6. Plan and practice your argument.

Presenting an Oral Argument

1. Begin with a strong opening.

2. Make your basic arguments as simple and direct as the material allows.

3. Make effective use of questions.

4. Manage your time.

5. Present your argument in a professional manner.

6. Close with confidence.

7. Use rebuttal time effectively.

Exercise 30-A

Exercise 30-B

Exercise 30-C

Exercise 30-D

Exercise 30-E

Appendices

Appendix A – Summary-of-the-Law Memos Concerning Tyler’s Possible Fraud Claim

Appendix B – Analytical Memorandum Concerning Tyler’s Possible Fraud Claim

Appendix C – Opinion Letter to Tyler

Appendix D – Defendant’s Brief to the Trial Court

Appendix E – Plaintiff’s Brief to the Trial Court

Appendix F – Trial Court’s Decision

Appendix G – Appellant’s Brief

Appendix H – Appellee’s Brief

Appendix I – Selected Books on Style and Grammar

Bibliography Sources of Law

Index